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Mississippi Code

Miss. Code Ann. § 99-19-103 (2026)

Instructions; aggravating circumstances shall be designated by jury in writing upon recommending death; effect of jury's failure to agree on punishment

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The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in the charge and in writing to the jury for its deliberation. The jury, if its verdict be a unanimous recommendation of death, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or circumstances which it unanimously found beyond a reasonable doubt. Unless at least one (1) of the statutory aggravated circumstances enumerated in Section 99-19-101 is so found or if it is found that any such aggravating circumstance is overcome by the finding of one or more mitigating circumstances, the death penalty shall not be imposed. If the jury cannot, within a reasonable time, agree as to punishment, the judge shall dismiss the jury and impose a sentence of imprisonment for life.

Laws, 1977, ch. 458, § 3; Laws, 1994, ch. 566, § 4, eff. 7/1/1994.

Notes of Decisions
Cited in 74 cases (2 in the last 5 years), 1982–2023 · leading case: Timothy Nelson Evans v. State of Mississippi, 226 So. 3d 1 (Miss. 2017).
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Timothy Nelson Evans v. State of Mississippi, 226 So. 3d 1 (Miss. 2017). · cites it 4× “See Miss. Code Ann. § 99-19-103 (Rev. 2015) (“[t]he jury .”
Smith v. State, 729 So. 2d 1191 (Miss. 1998). · cites it 3× “) THE TRIAL COURT'S REFUSAL TO DISCHARGE THE JURY AFTER IT FAILED TO REACH A SENTENCING VERDICT AFTER A REASONABLE TIME, AND ITS FAILURE TO INSTRUCT THE JURY THAT IT COULD RETURN A VERDICT THAT IT COULD NOT AGREE AS TO SENTENCE, VIOLATED MISSISSIPPI LAW AND THE EIGHTH AMENDMENT…”
Gillett v. State, 56 So. 3d 469 (Miss. 2010). · cites it 2× “He claims that this instruction correctly-stated the law according to Miss.Code Ann. § 99-19-103 [as does Gillett].”
Holland v. State, 705 So. 2d 307 (Miss. 1997). · cites it 2× “See Miss. Code Ann. § 99-19-103 (1994 rev.); see also Holland v.”
Edwards v. State, 737 So. 2d 275 (Miss. 1999). · cites it 2× “Edwards also assigns as error the trial court's refusal of Instruction D-S10 which read: The court instructs the jury that if you do not agree upon punishment the court will sentence the defendant to life imprisonment without possibility of parole or early release.”
Simmons v. State, 805 So. 2d 452 (Miss. 2001). “Simmons now asserts that the trial court committed reversible error in ruling on the instructions for the sentencing phase [8] . Simmons specifically alleges that the trial court submitted the "non-existent statutory aggravator" that the capital offense was committed for…”
Neal v. Puckett, 286 F.3d 230 (5th Cir. 2002). “Miss. Code Ann. § 99-19-103 . . See Walton v.”
James R. Stringer v. Charles J. Jackson, Interim Comm'r, Mississippi Dept. Of Corr., 862 F.2d 1108 (5th Cir. 1989). · cites it 3× “Following the conviction of a defendant for capital murder in Mississippi, the jury is next required to determine whether any statutory aggravating circumstances exist to justify the imposition of the death penalty.”
Jordan v. State, 918 So. 2d 636 (Miss. 2005). · cites it 2× “See Miss.Code Ann. § 99-19-103 (Rev.2000). ¶ 47.”
Wilcher v. State, 697 So. 2d 1123 (Miss. 1997). · cites it 2× “Miss. Code Ann. § 99-19-103 (Supp. 1994) provides that "[i]f the jury cannot, within a reasonable time, agree as to punishment, the judge shall dismiss the jury and impose a sentence of imprisonment of life.”
Batiste v. State, 121 So. 3d 808 (Miss. 2013). “” Miss.Code Ann. § 99-19-103 (Rev.2007). Batiste sought a directed verdict on two occasions, after the jury had been deliberating for two hours, and after they had been deliberating for three hours and still had not reached a verdict.”
Scott v. State, 878 So. 2d 933 (Miss. 2004). “Miss.Code Ann. § 99-19-103 states in part: "If the jury cannot, within a reasonable time, agree as to punishment, the judge shall dismiss the jury and impose a sentence of imprisonment for life.”
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